The welfare of the child is the paramount consideration in determining the custody, and the child's preference and the bond with the parents are essential for the child's overall development.

JUDGMENT :

1. Heard Ms. Shubhangi Singh, learned counsel for the petitioner, Shri Jyotinder Mishra, learned Senior Advocate assisted by Shri Raj Nath Singh, learned counsel for respondent no.4, learned A.G.A. for the State and perused the record as well as the written submissions filed by the parties.

2. The instant habeas corpus writ petition has been filed on behalf of the corpus namely Km. Shariya Farhan, aged about 7 years by her mother and natural guardian Smt. Mazia Farhan @ Mazia Sayied (petitioner) with the following prayers:-

“i. Issue a writ order or direction in the nature of habeas corpus directing the opposite parties directing and commanding to produce the petitioner/detenue Km. Shariya Farhan, before this Hon'ble Court and handover to her custody of the mother after considering all paramount consideration of the minor Girl detenue.

ii. Issue a writ, order, ad-interim Mandamus to this effect, or any direction in any nature which this Hon'ble Court may deem fit and proper under the circumstances of the case.

iii. Issue any other writ order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case may kindly be passed in the interest of justice."

3. In pursuance of the agreement arrived at between learned counsel for the parties to file written submissions in this case, the written submissions have been filed and are taken on record and these written submissions furnished by the parties are also made part of the record.

4. Learned counsel for the petitioner Ms. Shubhangi Singh in her written submissions stated that the marriage of the petitioner was solemnized with the respondent no.4 on 07.02.2012 and out of this wedlock the detenue was born on 28.10.2014. After the birth of the female child the behaviour and conduct of the respondent no.4 become cruel towards the petitioner and the respondent no.4 as well as his family members started torturing the petitioner mentally and physically.

5. It is further stated that in the year 2019 the petitioner again became pregnant, however, her 'Nanad' had brought some midwife in order to know the gender of the 'fetus' and when they got to know that the child in the womb is again a girl, the petitioner was forced to consume some medicine for the purpose of abortion and when her condition become worsen they took her to many clinics in Lucknow. The condition of the petitioner became very critical and in that condition she was taken to the Government Hospital, Hardoi, which is the home town of the brother-in-law of respondent No. 4.

6. It is further stated that thereafter the respondent no.4 and his family members started demanding Rs. 20 lakhs as dowry and also started committing cruelty in lieu of such demand. The brother-in-law of the petitioner (Nandoi) Arshad Jamal was also having a bad eye on petitioner and it was on 25.08.2020 the respondent no.4 on not getting Rs. 20 lacs as dowry had pronounced 'Triple Talak' in single sitting to the petitioner. It is also stated that the petitioner was also subjected to unnatural offence by the respondent no.4 and when she went to the house of respondent no.4, she was assaulted by him and her servant Nizamuddin. It is also submitted that a writ petition containing false averments were also filed by the parents of the respondent no.4 bearing Writ Petition No. 15481 (MB) of 2020 "Smt. Rehana Meraj and another vs. State of U.P. and others" containing the facts that they have disowned their son and daughter-in-law (petitioner). The petitioner has also filed an application under Section 12 of the Domestic Violence Act for getting residential rights in her matrimonial home and an order in this regard was also passed by the Court. It is also stated that on an F.I.R. was also lodged by the petitioner and the charge-sheet was also filed therein under Sections 498-A, 313, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act and under Section 3/4 of the Muslim Women Protection Rights on Marriage Act 2019.

7. It is next stated